Love this analogy about Trump's appeal to the 3rd Circuit

[Nevilledog]

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Tweet text:
Ted Boutrous
@BoutrousTed
This is like, if you got the death penalty, but you only appealed a pre-trial ruling regarding font size in a brief.

Brad Heath
@bradheath
So the big election-rigging case President Trump wants to tee up for the Supreme Court is actually whether his lawyers should have gotten permission to fix a filing they screwed up.

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8:15 PM · Nov 22, 2020

[Ms. Toad]

1. If the appellate court grants the motion, it's a bit more substantive than font size.

The appeal isn't likely to be granted. Even if it is granted, I can't imagine a different outcome as to the inevitable motion to dismiss the second amended complaint.

[onenote]

6. agreed. Some folks don't seem to understand that the court took two actions

First it denied the motion to amend and second it dismissed the unamended complaint. The appeal goes to the first action and while there are good reasons not to grant the appeal, if it is granted, it means that the court has to go back and consider the amended portion of the complaint that it did not previously consider. It seems highly unlikely that the court would do anything more than dismiss that portion of the complaint on standing or other grounds, but it would have to address the amended portion of the complaint.

[Thomas Hurt]

2. A do over in hopes of getting a do over?

[struggle4progress]

3. Court: "You say Joe sneezed on you and so want me to order Jill's limbs chopped off? No, and

you can't amend this mess, and you can't refile it"

Plaintiff: "But that's so completely unfair! Jill is much nicer than Jack, so she deserves to have her limbs chopped off! I only want to amend my complaint to sue Jill for not sneezing on me, so I can ask you to agree to chop off her limbs! And when you don't agree, that's how I can get to the Supreme Court!"

[Gothmog]

4. This appeal does not make sense

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?s=20

[onenote]

5. It's not likely to succeed, but it's not completely nonsensical

The district court took two actions: it denied the motion to amend the complaint and then dismissed, with prejudice, the unamended complaint. The appeal focuses on the denial of the motion to amend. If granted, it has the effect of reviving that part of the complaint that was not addressed by the court. At that point, the district court would have to consider the merits (including objections based on standing, etc.) to the amended portion of the complaint.